BILL NUMBER: AB 2043	CHAPTERED  09/29/00

	CHAPTER   883
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 21, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 8, 2000
	AMENDED IN ASSEMBLY   APRIL 13, 2000
	AMENDED IN ASSEMBLY   MARCH 30, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Member Maddox

                        FEBRUARY 18, 2000

   An act to amend Section 5402 of, and to add Section 3212.9 to, the
Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2043, Maddox.  Workers' compensation:  injuries.
   Under existing law, a person injured in the course of employment
is generally entitled to receive workers' compensation on account of
that injury.  Existing law provides that, in the case of certain
firefighting and law enforcement personnel, the term "injury"
includes various medical conditions that are developed or manifested
during a period while the person is in that service, and establishes
a disputable presumption in this regard.
   This bill would provide that in the case of certain local
firefighting and law enforcement personnel, the term "injury" also
includes meningitis that develops or manifests itself during a period
while the person is in that service.
   This bill would make other technical changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3212.9 is added to the Labor Code, to read:
   3212.9.  In the case of a member of a police department of a city,
county, or city and county, or a member of the sheriff's office of a
county, or a county probation officer, or an inspector or
investigator in a district attorney's office of any county whose
principal duties consist of active law enforcement service, when that
person is employed on a regular, full-time salary, or in the case of
a member of a fire department of any city, county, or district, or
other public or municipal corporation or political subdivision, or
any county forestry or firefighting department or unit, when those
members are employed on a regular full-time salary, excepting those
whose principal duties are clerical or otherwise do not clearly fall
within the scope of active law enforcement or firefighting, such as
stenographers, telephone operators, and other officeworkers, the term
"injury" includes meningitis that develops or manifests itself
during a period while that person is in the service of that
department, office, or unit.  The compensation that is awarded for
the meningitis shall include full hospital, surgical, medical
treatment, disability indemnity, and death benefits as provided by
the provisions of this division.
   The meningitis so developing or manifesting itself shall be
presumed to arise out of and in the course of the employment.  This
presumption is disputable and may be controverted by other evidence,
but unless so controverted, the appeals board is bound to find in
accordance with it.  This presumption shall be extended to a person
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
  SEC. 2.  Section 5402 of the Labor Code is amended to read:
   5402.  (a) Knowledge of an injury, obtained from any source, on
the part of an employer, his or her managing agent, superintendent,
foreman, or other person in authority, or knowledge of the assertion
of a claim of injury sufficient to afford opportunity to the employer
to make an investigation into the facts, is equivalent to service
under Section 5400.
   (b) If liability is not rejected within 90 days after the date the
claim form is filed under Section 5401, the injury shall be presumed
compensable under this division.  The presumption of this
subdivision is rebuttable only by evidence discovered subsequent to
the 90-day period.
